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Senate refers Open and Public Meetings Act revision to interim study after dispute over 'anticipated litigation'
Summary
Senate Bill 55, which attempted to refine when public entities may close meetings (litigation, anticipated litigation, purchases), was referred to an interim study after the sponsor said attorneys remain divided over defining 'litigation' and whether closed meetings should be tape-recorded.
Senate Bill 55, aiming to clarify when public bodies may close meetings, was referred to an interim study on Feb. 12, 1992 after extended floor discussion and explanation by the sponsor.
Sponsor Senator Hilliard said the dispute centered on whether the statute should allow closure for "anticipated litigation" or limit closure to actual filed litigation. Media attorneys opposed broad language that would allow closure on the basis of anticipation; attorneys for towns and cities argued that restricting the rule to filed litigation would hamper legitimate deliberations where litigation is imminent. The sponsor proposed establishing a middle ground and recommended a one-year interim study and an informal task force to produce language the body and the media could accept.
Another recurring point was whether closed-session proceedings should be tape-recorded and preserved for possible in camera review by a judge in related litigation; municipal counsel resisted mandated tape recording. Given the technical and contentious nature of those questions, the sponsor's motion to refer SB 55 to interim study carried.
